{"data":{"id":"us-mt/28-2-721","jurisdiction":"us-mt","citation":"28-2-721","heading":"When provision fixing liquidated damages valid.","body":"(1) Every contract by which the amount of damage to be paid or other compensation to be made for a breach of an obligation is determined in anticipation thereof is to that extent void, except as expressly provided in subsection (2).\n(2) The parties to a contract may agree therein upon an amount which shall be presumed to be an amount of damage sustained by a breach thereof when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.","path":["TITLE 28. CONTRACTS AND OTHER OBLIGATIONS","CHAPTER 2. CONTRACTS","Part 7. Illegal Objects and Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0280/chapter_0020/part_0070/section_0210/0280-0020-0070-0210.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:44Z","sha256":"0c3d1a403ac0f4599cf453912a2e658c692ad35ab13d859b3f35a7391f1c6e3c","source_id":"us-mt","stale":false,"prev":"us-mt/28-2-711","next":"us-mt/28-2-722"},"notice":"GroundRules: Original legal text. Not legal advice."}